New York Penal Law 135.45: Custodial Interference Second Degree

Custody battles can get messy, especially when emotions run high after a separation or divorce. While the court decides custody and visitation rights, sometimes a parent disagrees with the decision and takes matters into their own hands. This could lead to criminal charges for custodial interference.

Elements of the Crime

For a custodial interference second degree charge, the prosecution must prove^[5]:

• The defendant took or enticed a child away from their lawful guardian
• The defendant intended to keep the child permanently or for an extended period
• The child was under 16 years old
• The defendant was a relative of the child
• The defendant knew they didn’t have legal custody rights

Related Charges

Custodial interference charges are often brought alongside other charges like^[6]:

• Custodial interference first degree (Penal Law 135.50) – Class E felony
• Unlawful imprisonment first degree (Penal Law 135.10) – Class E felony
• Unlawful imprisonment second degree (Penal Law 135.05) – Class A misdemeanor
• Kidnapping second degree (Penal Law 135.20) – Class B felony
• Kidnapping first degree (Penal Law 135.25) – Class A-I felony
• Substitution of children (Penal Law 135.55) – Class E felony

Prosecutors may pursue kidnapping charges if they believe the parent abducted the child to terrorize the other parent, not just to gain custody.

Penalties

Custodial interference second degree is a Class A misdemeanor^[2] with:

• Up to 1 year in jail
• Up to $1,000 fine
• Probation up to 3 years

Defenses

There are defenses that could get the charges reduced or dismissed^[6]:

• Honest mistake – You misunderstood custody rights
• Child was over 16 years old
• Didn’t intend to keep child long term
• Child came to you without prompting
• You’re not related to the child (opens you up to other charges)
• You reasonably believed violating custody was necessary to protect the child’s safety

Protect Your Rights

Custodial interference charges shouldn’t be taken lightly, as a conviction can lead to jail time and impact future custody rights. An experienced criminal defense attorney can evaluate the details of your case and build strong defenses. Don’t hesitate to call a lawyer for help fighting these allegations.